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HomeMy WebLinkAboutNS-1813 - Amending Sections of the Santa Ana Municipal Code To Adopt the Uniform Dangerous Buildings ...CDG :mb 6/14/85 ORDINANCE NO. NS- 1813 AN ORDINANCE OF THE CITY OF SANTA ANA AMEND- ING SECTIONS 8-1900, 8-1901, 8-1951, 8-1952 AND 8-1953 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE UNIFORM DANGEROUS BUILDINGS CODE, 1982 EDITION, BY REFERENCE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 8-1900 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1900. Adoption by reference. There is adopted by the city that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, 1982 Edition, and the whole thereof, save and except such portions as are deleted by the amendments set forth in this article, of which said code not less than three (3) copies have been and are on file in the office of the clerk of the council of the city. The said code is adopted and incorporated as fully as if set forth at length herein as provided for in Section 419 of the Charter of the city, and subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this ordinance. Any provision of this article amending the "Dangerous Buildings Code" or "Uniform Dangerous Buildings Code" shall be construed as amending the said adopted code, 1982 Edition, including such provisions enacted prior to the enactment of this ordinance and not thereafter repealed. The said adopted code, 1982 Edition, as thus amended, together with all other provisions of this article, shall be known as the Dangerous Building Code of the City of Santa Ana. SECTION 2: That Section 8-1901 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1901. Construction of terms. Whenever in this code reference is made to building official, such reference shall be taken to mean Permit and Inspection Services Manager. ORDINANCE NO NS-1813 PAGE TWO SECTION 3: That Section 8-1951 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1951. Maintenance of multiple family buildings and premises. It shall be unlawful for any person owning, leasing, or having any possessory interest in a multiple family building or individual unit(s) therein, to maintain such building or units therein or premises in such a manner that any of the following conditions exist thereon: (a) Buildings or units therein which are abandoned, left open, partially destroyed, or only partially constructed and remaining in that condition for more than sixty (60) days without being repaired or completed as required by the building official. (b) Broken windows, remaining in that condition for more than thirty (30) days and constituting hazardous conditions or inviting trespassers or malicious mischief. (c) signs relating to uses no longer conducted or products no longer sold at a building presently used as a multiple family building. (d) Causing substantial diminution of the enjoyment, use, or property values of adjacent properties by failing to maintain building or premises to the maintenance standards of the adjacent properties. SECTION 4: That Section 8-1952 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1952. Maintenance of property; abatement of nuisances by repair, rehabilitation, demolition or removal. (a) Ail or any part of premises found by the building official to be maintained in violation of section 8-1951 are declared to be a public nuisance and may be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth in Chapter 17 0f this Code. ORDINANCE NO. NS-1813 PAGE THREE (b) The procedures set forth in Chapter 17 shall not any manner, however, limit or restrict the city from enforcing criminal sanctions under section 8-1951 or other city ordinances or state law, or limit the city from abating public nuisances in any other manner provided by law. in SECTION 5: That Section 8-1953 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1953. Failure to request a public hearing. In the absence of a request by the property owner for a public hearing within ten (10) days of the date of service of the notice of abatement as set forth in Chapter 17 of this Code, and upon the expiration of the period for abatement of the public nuisance by the owners and no abatement having occurred to the satisfaction of the building official, the city council may by resolution declare the condition a public nuisance and order a designated officer of the city to abate the public nuisance and order that the cost of any such abatement be assessed against the premises and collected in the manner provided in Chapter 17 of this Code. If the city council determines that the property is to be abated then the abatement shall proceed in the manner set forth in section 17-25 of this Code. SECTION 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 7: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the ORDINANCE NO. NS-1813 PAGE FOUR collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th day of November , 1985. Daniel E. Griset Mayor ATTEST: anice C. Guy lerk of the Council COUNCILMEMBERS: Griset Aye Acosta Hart Johnson --~ye Luxembourger ~ye McGuigan --~ye Young --~ye A~~O FO RM: ~?~er